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JANUARY/FEBRUARY
2006
I. LEGISLATIVE/REGULATORY
UPDATE
Proposed Regulations Issued Regarding Mandatory Sexual Harassment Training
In 2004, the California legislature passed
Assembly Bill 1825, which required that all California businesses employing
fifty or more individuals provide their supervisory employees with at
least two hours of sexual harassment training every two years. The first
compliance period ended January 1, 2006. On December 16, 2005, the Fair
Employment and Housing Commission (“FEHC”) published proposed
regulations relating to the interpretation and administration of AB 1825.
The proposed regulations include the following definitions and clarifications:
- The term “supervisor”
will include every supervisor of a California employer, even if that
supervisor does not reside in California.
- Employees who reside outside of California
will be counted for purposes of determining whether the company “employs
fifty or more employees.”
- Training may be accomplished “on line”
through web-based group seminars and individualized, computer-based
training as long as there is a participation or feedback component every
15 minutes.
- The two hours of training may be completed
in multiple sessions of no less than 30 minutes for “live classroom”
and web-based group seminar training, or 15 minutes for e-learning (individualized
computer-based) training.
- An employer who makes substantial, good
faith efforts to comply with the law by training its supervisors before
final regulations are adopted shall be deemed to have complied with
the law, even if the employer’s actual training differs from that
required by the final regulations.
NEXT:
Employers Permitted to Pay Employees’ Final Wages via Direct
Deposit
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